(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.3 no. 3 (5/2/1988)"

I RB* KFNJ/7M3 4/ ./U/*U,/ 



- ;. .si 

LAW UWl 




The 
CAROLINA 



REGISTER 



TIT! 



^V/STRNl^ 



IN THIS ISSUE 



PROPOSED RULES 

Human Resources 
NRCD 

FINAL RULES 

Human Resources 
Revenue 



ISSUE DATE: MAY 2, 1988 

Volume 3 • Issue 3 • Pages 109-118 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North 
Carolina Register is available by yearly subscription at 
a cost of ninety-five dollars ($95.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the Nortli Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 day 
whichever is less. An agency adopting a temporary ru 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter siz 
single spaced pages of material of which approximat 
ly 35% is changed annually. Compilation and public 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimui 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 52 volume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages, 
one year subscription to the full publication i 
eluding supplements can be purchased f( 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wil 
supplement service. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrath 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issu 
page number and date. 1:1 NCR 101-201, April 1, 191 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Statutes. 
Subscriptions ninety-five dollars ($95.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, NC 27604 

(919) 733 - 2678 



Robert A. Mclott, 

Director 
James R. Scarcella, Sr. 

Deputy Director 
Molly Mason, 

Assistant Director 

Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Latarsha Roberts, 

Records Clerk 



ISSUE CONTENTS 



I. PROPOSED RULES 
Human Resources 

Medical Assistance 109 

NRCD 

Soil and Water Conservation... 1 1 1 

Wildlife Resources 1 1 1 

II. FINAL RULES 

Human Resources 

Drug Commission 113 

Revenue 

License and Excise Tax 113 

III. CUMULATD/E FNDEX 117 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

[March I9SS - March 1989) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


******** 


******** 


******** 


******** 


03/15/88 


02/24/88 


03,02/88 


04/ 14 '88 


07.01/88 


04 04 88 


03/11/88 


03/18/88 


05/04/88 


08.01/88 


04 15 88 


03/25/88 


04 1 88 


05/15/88 


08 01 '88 


05 02/88 


04 11 XS 


04 18'88 


06/01.88 


09,01,88 


05/16/88 


04/27/88 


05/03/88 


06/15/88 


09/01/88 


06 01 88 


05 10-88 


05/17/88 


07/01/88 


10 01 88 


06/15 88 


05 26 8 S 


06 02 88 


07 15 88 


10 01 88 


07/01.88 


06 10/88 


06 17 88 


07/31/88 


11 01,88 


07/15,88 


06/24/88 


07/01 '88 


08/14/88 


11 01 88 


OS 01 88 


07/11/88 


07/18/88 


08/31/88 


12/01/88 


08/15 88 


07/26/88 


08 02/88 


II') 14 XX 


1201/88 


09/01/88 


08/11/88 


08/18/88 


10/01/88 


01/01/89 


09/ 1 5' 88 


08/26/88 


09/02/88 


10/15 88 


01/01/89 


10 03 88 


09/12/88 


09/19/88 


11/02,88 


02.01/89 


10/14,88 


09/26/88 


10/03/88 


11/13/88 


02 01 89 


11/01/88 


10/11/88 


10/18/88 


12/01/88 


03/01/89 


11/15/88 


10 26 88 


11/02/88 


12/15/88 


03 01/89 


12,01/88 


11/07/88 


11 15 88 


12/31/88 


04/01/89 


12/15/88 


11/23/88 


12,02/88 


01/14/89 


04/01 '89 


01/02 89 


12/08/88 


12/15/88 


02/01/89. 


05/01/89 


01/16 89 


12/27/88 


01/03/89 


02/15/89 


05,01/89 


02/01/89 


01/10/89 


01/17/89 


03/03/89 


06/01/89 


02/15/89 


01/26/89 


02'02/89 


03/17/89 


06,01/89 


03,01/89 


02 08 89 


02 15/89 


03/31 '89 


07 OL'89 


03/15/89 


02 21 89 


03 02 89 


04/14/89 


07,01/89 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

7V otice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Human 
Resources! Division of Medical Assistance intends 
to amend regulations cited as 10 NCAC 50 A 
.0201; and 10 NCAC 50B .0311. 

1 he proposed effective date of this action is 
September 1, 1988. 

1 he public hearing will be conducted at 1:30 
p.m. on June 15, 1988 at North Carolina Division 
of Medical Assistance, 1985 Umstead Drive, 
Room 201, Raleigh, N.C. 27603. 

(comment Procedures: Written comments con- 
cerning these amendments must be submitted by 
June 15, 1988 to: Director, Division of Medical 
Assistance, 1985 Umstead Drive, Raleigh, N.C. 
27603. Oral comments may be presented at the 
hearing. In addition, a fiscal impact statement 
on these rule amendments are available upon 
written request from the same address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER 50A - GENERAL PROGRAM 
ADMINISTRATION 

SECTION .0200 - DEFINITIONS 

.0201 DEFINITIONS 

For purpose of this Chapter, are the following 
definitions: 

(31) "Guardian" means an individual, corpo- 
ration, or disinterested public agent ap- 
pointed by the clerk of superior court to 
replace an individual's authority to make 
decisions about his person, family, or prop- 
erty when the individual does not have ade- 
quate capacity to make such decisions and 
has been adjudicated incompetent. A 
guardian can be a guardian of the person, a 
guardian of the estate, or a general guardian 
which is a guardian of both the person and 
the estate. 

fJ44 (32) "Incapacity" means a physical or 
mental defect, illness or impairment which 
substantially reduces or eliminates a person's 
ability to support or care for an otherwise 
eligible child, and which is expected to last 
at least 30 days. 



f^ K33) "Income" means money which is 
available to members of the budget unit for 
their needs. 

f£^ H34) "Income, Earned" means money re- 
ceived as a result of employment. 

fM){35] "Income, Gross" means total income 
before allowable deductions. 

f344 {36) "Income, Net" means income after 
all allocable deductions. 

fS4) (37) "Income, Unearned" means money 
received from any source other than em- 
ployment. 

(38) "Incompetent Adult" means an adult who 
lacks sufficient capacity to manage his own 
affairs or to make or communicate impor- 
tant decisions concerning his person, family, 
or property whether such lack of capacity is 
due to mental illness, mental retardation, 

autism^ inebriety, 



epilepsy, cerebral palsy, 



senility^ disease, 



(b) 
(c) 

(d) 



injury, or similar cause or 
condition who has been adjudicated incom- 
petent by the clerk of superior court. 

(-^4 (39) 'Inmate of a Public Institution" 
means a person who lives in an institution 
that is the responsibility of a governmental 
unit or over which a governmental unit ex- 
ercises administrative control and which 
provides treatment or services, food and 
shelter. 

f^£4 {40) "Fife Estate Interest" means the right 
to use property and receive income from the 
property for the remainder of one's life. 

(40 ^41) "Fong Term Care" means care in: 
(a) a general or specialty hospital in excess of 
60 continuous days, 
a state mental hospital, 
a skilled nursing facility, or 
an intermediate care facility. 

f4#H42) "Patient's Monthly Fiability" means 
the amount of a long term care patient's in- 
come that must be paid towards his cost of 
care. 

(444(43) "Reasonable Classification" means a 
grouping of individuals under age 19 who 
do not meet the AFDC dependent child de- 
finition, but are in need of assistance in fos- 
ter homes or institutions or medical 
facilities. 

(44- H44) "Remainder Interest" means owner- 
ship interest in property which will be in- 
herited in full or jointly with other 
remainder interest holders at a life interest 
holder's death. 

f4J4 (45) "Representative" means a person who 
acts on behalf of a client. 

f444 (46) "Reserve" means assets owned by 
members of the budget unit and which have 
a market value. 



NORTH CAROLINA REGISTER 



109 



PROPOSED RULES 



(-4J- K47) "Residence" means the county or 
state where a client lives with intent to re- 
main for an mdefinite time. Also, a child 
has the residence of the person with whom 
he resides unless he is in the custody of a 
social services agency. 

f46- H4S) "Revocable Trust" means funds held 
in trust which are available for the client's 
use. 

(47X49) "RSDI (Retirement. Survivors, Disa- 
bility Insurance)" means Social Security 
benefits. 

{4& H 50) "SDX" means State Data Exchange 
with the Social Security Administration for 
the purpose of providing a listing of all per- 
sons receiving supplemental security income, 
their current payment status and amount of 
SSI and other sources of income. 

t-4% t 5\ ) "Specified Relative" means a parent 
or a person in one of the following groups: 

(a) any blood relative, including those of 
half-blood, and including first cousins, 
nephews, or nieces, and persons of pre- 
ceding generations as denoted by prefixes 
of grand, great, or great-great; 

(b) stepfather, stepmother, stepbrother, and 
stepsister: 

(c) persons who legally adopt a child, their 
parents as well as the natural and other 
legally adopted children of such persons, 
and other relatives of the adoptive parents 
in accordance with state law; 

(d) spouses of any persons named in the 
above groups even after the marriage is 
terminated by death or divorce. 

',52) "SSI" means Supplemental Security 
Income - A federal assistance payment for 
aged, blind and disabled persons adminis- 
tered by the Social Security Administration. 

h*4- H 53) "Stepparent" means a person legally 
married to the parent of a child in the 
Medicaid budget unit. 

t->3- H 54 ) "Timely Notice" means a written 
notice to inform the recipient of intended 
action. No action can be taken to reduce 
or terminate assistance until 10 work days 
following the date of the notice. 

(4^-H55j "Time Standard" means the require- 
ment to process an application within 45 or 
6d days from the date of application unless 
there is applicant or collateral delay in pro- 
viding information. 

(-^4- K 56 ) "Verification" means the confirma- 
tion of facts and information used in deter- 
mining eligibility. 

Statutory Authority G.S. l08A-25(b); IOSA-54. 



SLBCH APTKR SOB - ELIGIBILITY 
DETERMINATION 

SECTION .0300 - CONDITIONS FOR 
ELIGIBILITY 

.0311 RESERVE 

( 1 ) The value of resources that are currently 
available to any budget unit member is 
considered in determining financial eligibil- 
ity. A resource is considered available when 
it is actually available and when the budget 
unit member has a legal interest in the re- 
source and he, or someone acting in his be- 
half, can take any necessary action to make 
it available; 

(a) When a representative alleges that an 
applicant recipient or budget unit member 
is mentally and or physically incompetent 
and does not have a legal representative 
appointed to act in his behalf, the re- 
sources held solely by the 
applicant recipient or budget unit member 
or held jointly with a non-budget unit 
member will not be considered legally 
available in determining countable reserve 
provided the following two conditions are 
met: 

(i) The applicant recipient or budget unit 
member has been adjudicated by the 
Court to be legally incompetent; and 

(ii) The Court must be petitioned for ap- 
pointment of a legal guardian for the 
applicant recipient or budget unit mem- 
ber. 

(b) Provided the conditions in (a)(i) and (a)(ii) 
are met, the applicant recipients or 
budget unit member's resources which are 
held solely by the applicant recipient or 
budget unit member or held jointly with 
a non-budget unit member will not be 
counted in determining his eligibility for 
Medicaid from the date he actually be- 
came incompetent until: 

(i) For AFDC related cases and aged, blind 
and disabled cases protected by grandfa- 
ther provisions, the date the legal guardian 
is appointed; 

(ii) For aged, blind and disabled cases not 
protected by grandfather provisions, the 
first day of the month following the 
month the legal guardian is appointed. 

(c) In order for resources to be considered le- 
gally unavailable when it is alleged than 
an applicant recipient or budget unit 
member is incompetent, the petition to 
have an applicant recipient or budget unit 
member declared incompetent must be 
tiled with the Court within 30 calendar 



110 



,\ORTH CAROLINA REGISTER 



PROPOSED RULES 



days of the date the applicant/recipient's 
or budget unit member's representative 
was informed of the procedure required to 
be followed. 

(d) In order for resources to be considered le- 
gally unavailable when it is alleged that an 
applicant, 'recipient or budget unit member 
is incompetent, the petition to have a legal 
guardian appointed must be filed with the 
Court within 30 calendar days of the date 
the applicant/recipient's or budget unit 
member's representative was informed of 
the procedure required to be followed. 

(e) When the applicant /recipient or budget 
unit member has excess resources or el- 
igibility cannot be determined because the 
applicant recipient or budget unit member 
has no legal representative who can obtain 
information required to determine eligi- 
bility, the county department of social 
services must assume responsibility for 
petitioning the Court for incompetency 
and the appointment of a guardian in the 
event the applicant/recipient or budget 
unit member has no representative willing 
to act in his behalf or the 
applicant 'representative's or budget unit 
member's representative fails or refuses to 
take the required action to have the 
applicant recipient or budget unit member 
declared to be incompetent and or have a 
guardian appointed within the prescribed 
time frames. 

Authority G.S. IOSA-54; 108A-55; 10SA-58; 42 
U.S.C. 703, 704, 1396; 42 C.F.R. 435.121; 42 
C.F.R. 435.210; 42 C.F.R. 435.711; 42 C.F.R. 
435.712; 42 C.F.R. 435.734; 42 C.F.R. 435.823; 
42 C.F.R. 435.840; 42 C.F.R. 435,841; 42 C.F.R. 
435.845; 42 C.F.R. 445.850; 42 C.F.R. 435.851; 
45 C.F.R. 233.20; 45 C.F.R. 233.51. 

TITLE 15 - DEPARTMENT OF NATURAL 

RESOURCES AND COMMUNITY 

DEVELOPMENT 



Room, Archdale Building, 
Street, Raleigh, NC. 



512 N. Salisbury 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the Division of Soil and Water 
Conservation intends to amend the regulation 
cited as 15 NCAC 6B .0003. 

1 he proposed effective date of this action is 
September 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on June 1, 1988 at Fifth Floor Conference 



Co 



■ omment Procedures: Written comments are 
encouraged to be submitted pi tor to or during the 
hearing. Oral comments may be preserved ty any 
interested party at the hearing. Additional infor- 
mation concerning the hearing or the proposal may 
be obtained by contacting Douglas G. Lewis, Di- 
vision of Soil and Water Conservation, P.O. Box 
27687, Raleigh, NC 2761 1-7687, (919) 733-2302. 

CHAPTER 6 - SOIL AND WATER 
CONSERVATION 

SUBCHAPTER 6B - DISTRICT PROGRAMS: 
REORGANIZATION AND EXPENSES 

.0003 REQUIREMENT FOR DISBURSEMENTS 

The commission shall not disburse "general ex- 
pense" funds until the district 

(4) submits a» "Audit Report," Form 2&&J ac- 
counting fe* a»y "general expenso" funds 
received i» previous fiscal year, satisfactory 
te the commission; 

(3) submits an "Application", Form 203, re- 
questing the funds, properly signed by the 
chairman of the district or of the county 
committee, and properly notarized and 
signed by a county official stipulating the 
amount of county funds appropriated for the 
district. 

0) submits a "Proposod Budget", Form 304? 

UllUlllIICb I 1 W E71 \J L' \J *f\J\A L 1 i'VL'L. I IUI I Ul L"J \JI lUllU'Jf 

satisfactory te the commission. 
Statutory Authority G.S. 139-4(d); I43B-294. 



J V otice is hereby given in accordance with G.S. 
150B-12 that the Wildlife Resources Commission 
intends to adopt the regulation cited as 15 NCA C 
10F .0355. 

1 he proposed effective date of this action is 
September 1, 1988. 

1 he public hearing will be conducted at 10:00 
a.m. on June 1, 1988 at Wildlife Resources Com- 
mission Conference Room No. 386, 5 12 N. 
Salisbury Street, Archdale Bui/ding, Raleigh, NC 
27611. 



Co 



■ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 



NORTH CAROLINA REGISTER 



III 



PROPOSED RULES 



be open for receipt of written comments from May 
18, 1988, to June 16, 19SS. Such written com- 
ments must be delivered or mailed to the Wildlife 
Resources Commission, 512 N. Salisbury St., 
Raleigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER 10F - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 



.0355 PERQUIMANS COUNTY 

(a) Regulated Area. This Rule applies to the 
canals of Holiday Island. 

(b) Speed Limit. No person shall operate any 
motorboat or vessel at greater than no-wake 
speed within the regulated area described in Par- 
agraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. 
The Board of Commissioners of Perquimans 
County is designated a suitable agency for place- 
ment and maintenance of markers implementing 
this Rule. 

Statutory Authority G.S. 75 A- 3; 75A-15. 



112 



NORTH CAROLINA REGISTER 



FINAL RULES 



U pon request from the adopting agency, the 
text of rules will be published in this section. 

W hen the text of any adopted rule is iden- 
tical to the text of that as proposed, adoption 
of the rule will be noted in the "List of Rules 
Affected" and the text of the adopted rule 
will not be republished. 

/% dopted rules filed by the Departments of 
Correction, Revenue and Transportation are 
published in this section. These departments 
are not subject to the provisions ofG.S. 150B, 
Article 2 requiring publication of proposed 
rules. 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

CHAPTER 45 - NORTH CAROLINA DRUG 
COMMISSION 

SUBCHAPTER 4511 - DRUG TREATMENT 
FACILITIES 

SECTION .0200 - SCHEDULES OF 
CONTROLLED SUBSTANCES 

.0202 SCHEDULE I 

(b) Opiates. Unless specifically excepted or 
unless listed in another schedule, any of the fol- 
lowing opiates, including their isomers, esters, 
ethers, salts and salts of isomers, esters and ethers 
whenever the existence of such isomers, esters, 
ethers, and salts is possible within the specific 
chemical designation: 

( 1 2) Beta-hydro xy-3-methylfentanyl 
(other name: N-[l-(2-hydroxy-2- 
phenethyl)-3-methyl-4-piperidinyl] 
-Nphenylpropanamide) 9831 

History Note: Statutory Authority G.S. 
90-88; 90-89; 143B-I47; 
Eff. June 30, 1978; 
Amended Eff. May 1, 1988; 
December I, 1987; August 1, 1987; 
December I, 1986. 

TITLE 17 - DEPARTMENT OF REVENUE 

CHARIER 4 - LICENSE AND EXCISE TAX 

SUBCHAPTER 4B - LICENSE TAXES 

SECTION .1300 - PEDDLERS 

.1303 FLEA MARKET 



History Note: Statutory Authority G.S. 
105-53; 105-262; 
Eff. February I, 1976; 
Amended Eff. July 1, 1979; 
June 11, 1977; 
Repealed Eff. July I, 1988. 

.1305 OTHER APPLICABLE LICENSES 
DUE 

In addition to license under G.S. 105-53, a 
peddler, an itinerant merchant, or a flea market 
vendor is subject to other applicable privilege li- 
censes for each location, depending upon the 
kind of merchandise sold or offered for sale. 

History Note: Statutory Authority G.S. 
105-53; 105-262; 
Eff. February 1, 1976; 
Amended Eff. July I, 1988. 

.1308 LICENSE PROCUREMENT AND 
DISPLAY 

(a) To obtain a license under G.S. 105-53 as 
timely as possible, the peddler, itinerant mer- 
chant, flea market vendor, or flea market opera- 
tor must apply directly to the nearest local state 
revenue office. In making application for license 
in this manner, an Official Receipt of Revenue 
Officer (Form RO 1000) will be issued upon 
providing: 

(1) a copy of applicant's current state privilege 
License, if renewing, from which the re- 
venue officer can obtain the account 
number, name and address for completing 
the application for new license, 
the identification required by subsection 
(h) of G.S. 105-53, and 
payment for license by cash, money order, 
or certified check. 
The receipt issued shall serve as a temporary Li- 
cense until the actual license is received by mail 
and shall identify the General Statute, the year, 
description of the License, amount paid and the 
statement "Temporary Statewide License Issued 
By The Secretary of Revenue" if for a flea market 
vendor license, or the statement "Temporary 
Countywide License Issued By The Secretary of 

Revenue For County" 

if for either a peddler, itinerant merchant, or flea 
market operator license. 

(b) The Official Receipt of Revenue Officer 
completed by the local revenue office as a tem- 
porary License shall be accepted by the flea mar- 
ket operator for registration purposes until the 
actual license is received by the flea market ven- 
dor. 

(c) License issued under G.S. 105-53 is to be 
displayed or available for inspection in accord- 



(2) 
(3) 



NORTH CAROLINA REGISTER 



113 



FINAL RULES 



ance with the provisions of subsection (ij of that A peddler, an itinerant merchant, flea market 

section. vendor, or flea market operator applying for a li- 

cense under G.S. 105-53 must provide all infor- 

ii- , v , c,„, , a. ,l „■, r c mation required under subsection (h) to the 

History Note: Statuton 1 Authority G.S. „ . r r. l. c *i_ /- ti i- 

j Department oi Re\'enue belore the applicable li- 

/0WJ; /aw6 -' cense can be issued. 

Eff. July 1, 198S. 

History Note: Statutory Authority G.S. 
.1309 INFORMATION TO REVENUE 105-53; 105-262; 

DEPARTMENT Eff. July 1, 19S8. 



114 NOR TH CA ROLINA REGIS TER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
16 
17 
IS 

19A 
20 
*21 
22 
23 
24 
25 
26 



Administration, Department of 

Agriculture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department of 

Elections, State Board of 

Governor, Office of the 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Labor, Department of 

Crime Control and Public Safety, Department of 

Natural Resources and Community Development, Department of 

Education, Department of 

Revenue, Department of 

Secretary of State, Department of 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Housing Finance Agency 

State Personnel, Office of 

Administrative Hearings, Office of 



NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

1 8 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 I Iearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuary Science, Board of 

36 Nursing, Board of 

37 Nursing 1 lome Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners in 



NORTH CAROLINA REGISTER 



115 



NC AC INDEX 



44 Osteopathic Examination and Registration, Board of 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



116 NOR TH CAROLINA REGIS TER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1988 - March 1989) 



1988 - 1989 

Pages Issue 

1-25 1 - April 

26-108 2 - April 

109 - 118 3- May 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDE - Final Decision Letters 

ER - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

LRA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

EXECUTIVE ORDERS 

Executive Orders 68-71, 1 EO 

FINAL DECISION LETTERS 

Voting Rights Act, 5 FDL, 26 FDL 

ADMINISTRATIVE HEARINGS 

Hearings Division, 76 PR 

CRIME CONTROL & PUBLIC SAFETY 

Alcohol Law Enforcement, 47 PR 

HUMAN RESOLRCES 

Drug Commission, 113 FR 

Health Services, 7 PR 

Medical Assistance, 7 PR, 30 PR, 109 PR 

Office of the Secretary, 31 PR 

Social Services Commission, 27 PR 

INDEPENDENT AGENCIES 

Housing Finance, 21 PR 

INSURANCE 

Fire & Casualty, 32 PR 



NOR TH CAROLINA REGIS TER 1 1 7 



CUMULA TIVE INDEX 



LICENSING BOARDS 

CPA, 73 PR 

Hearing Aid Dealers, 77 FR 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 1 1 PR, 67 PR 

Community Assistance, 69 PR 

Forest Resources, 68 PR 

Marine Fisheries, 62 PR 

Soil and Water Conservation, 1 1 1 PR 

Wildlife Resources, 1 1 1 PR 

REVENUE 

License and Excise Tax, 1 13 FR 

STATE TREASURER 

Local Government Commission, 18 PR 



/ 18 NOR TH CAROLINA REGIS TER 



NOW AVAILABLE 



NORTH CAROLINA ADMINISTRATIVE CODE 



The full publication consists of 52 volumes, totaling in excess of / 5, 000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication available starting Oc- 
tober 1988. 



PRICE LIST FOR THE 1987-88 SUBSCRIPTION YEAR 



Volume 


Title 


Chapter 


Subject 


New 
Subscription* 


Total 
Quantity Price 


1 - 52 


Full Code 

1 

2 

2 

3 

4 

4 

5 

5 

6 

7 

S 

l > 

10 

10 

10 

10 
10 
10 

10 
10 

10 
10 

10 
10 
10 
10 
10 
10 

11 


1 - 36 
1 - 24 
25- 52 
1 - 4 
1 - 2 
3 - 16 
1 - 2 
3 - 4 
1 -4 
1 - 11 
1 - 8 
1 - 4 

I - 2 
3A - 3K 
3L- 3R 

3S -3U 
4- 6 

7 

8 - 9 
10 

II - 14 
15- 17 
18 

19- 30 
31 - 33 
34-41 
42 

43- 50 
1 - 15 


AH titles $750.00 
Administration 90.00 
Agriculture 75.00 
Agriculture 75.00 
Auditor 10.00 
Commerce (includes ABC) 45.00 
Commerce 90.00 
Corrections 60.00 
Corrections 30.00 
Council of State 

Cultural Resources 60.00 
Elections 10.00 
Governor 45.00 
Human Resources 30.00 
Human Resources 90.00 
Human Resources 

(includes CON) 45.00 
Human Resources 30.00 
Human Resources 30.00 
Human Resources 

(includes Breathalizer) 30.00 
Human Resources 60.00 
Human Resources 90.00 
Human Resources 60.00 
Human Resources 45.00 
Human Resources 75.00 
Human Resources 90.00 
Human Resources 30.00 
Human Resources 60.00 
Human Resources 45.00 
Human Resources 90.00 
Insuiance 90.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 






Continued 



Volume Title 







New 


Chapter 


Subject 


Subscription 


1 - 12 


Justice 


90.00 


1 - 6 


Labor 


30.00 


7 


OS HA 


45.00 


8- 15 


Labor 


45.00 


1 - 11 


Crime Control and 






Public Safety 


45.00 


1 - 2 


NRCD (includes EMC) 


90.00 


3- 6 


NRCD 


45.00 


7 


Coastal Management 


45.00 


8- 9 


NRCD 


30.00 


10 


Wildlife 


45.00 


11-22 


NRCD 


60.00 


1 - 6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 - 7 


Secretary of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensing Boards 


75.00 


17 - 37 


Licensing Boards 


75.00 


38- 70 


Licensing Boards 




j . 2 


Administrative Procedures 


75.00 


1 - 2 


Community Colleges 


10.00 




Housing Finance 


10.00 




State Personnel 


60.00 


1 - 4 


Administrative Hearings 


10.00 



Quantity 



Total 
Price 



29 


12 


30 


13 


31 


13 


32 


13 


33 


14A 


34 


15 


35 


15 


36 


15 


37 


15 


38 


15 


39 


15 


41) 


16 


41 


17 


42 


17 


43 


IS 


44 


19 


45 


20 


46 


21 


47 


21 


48 


21 




22 


49 


23 


50 


24 


51 


25 


52 


26 



Total 



(Make checks payable to Office of Administrative Hearings.) 
* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years are October I through September 30. 



MAIL TO: 



OFFICE OF ADMINISTRATIVE HEARINGS 

POST OFFICE DRAWER 11666 

RALEIGH, NORTH CAROLINA 27604 



NORTH 
CAROLINA 
REGISTER 



W9LZ BUJ10JB3 quoN 'qSpiBH 

9991 1 J3MBJCI O d 

sSuueaH aAijejjsiuiuipv jo aoujo 



FOLD HERE 



NORTH CAROLINA REGISTER 
ORDER FORM 



□ Please enter my subscription for the North Carolina Register to start with the issue. 

($95.00)/year subscription) 

□ Renew North Carolina Register 

□ Check Enclosed □ Please bill me 

Please make checks payable to Office of Administrative Hearings 

NAME ADDRESS 

CITY . STATE ZIP 



'Return to Office of Administrative Hearings - fold at line, staple at bottom and affix postage.) 



CHANGE OF ADDRESS: 



1. Present Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



2. New Address 



NAME 



ADDRESS 



CITY 



STATE 



ZIP 



Office of Administrative Hearings 

P. 0. Drawer 11666 
Raleigh, North Carolina 27604 



FIRST ni 



LrLAOD 






H 



a 

2393340 



612 
UNIV. OF NORTH CAROLINA 
AT CHAPEL HILL LIB. 
VAN HECKE-UETTACH BLDG. 064 A 
CHAPEL HILL 



NC 27514